1994 Supreme(Bom) 87
D.R.DHANUKA
Murlidhar Bapuji Valve – Appellant
Versus
Yallappa Lalu Chaugule – Respondent
JUDGMENT -D.R. DHANUKA, J.:—This appeal is directed against the judgment and decree dated 2-3-1982 passed by 4th Joint Civil Judge, Senior Division, Pune in Special Suit No. 127 of 1966. The appeal has been filed by the original plaintiff as the trial Court has decreed the suit for specific performance filed by the plaintiff only in part and not in its entirety. During the pendency of the suit, the original defendant Nos. 1 and 2 died. The heirs of original defendant Nos. 1 and 2 are brought on record of the suit and are impleaded as the respondent Nos. 1 and 2 in this appeal. The respondent No. 3 in the appeal was original defendant No. 3 in the said suit. The respondent No. 3 claims to be subsequent transferee for value without notice. The respondent No. 3 has filed Cross-objections as permissible under the Code of Civil Procedure. The respondents No. 1 and 2 i.e. the heirs and legal representatives of original defendant Nos. 1 2 have not filed any objections against the findings recorded by the trial Court in favour of the appellant herein. The parties to the appeal are hereinafter referred to as the original plaintiff, original defendant Nos. 1 and 2 and original defendant No
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